DEPARTMENT OF THE NAVY
ECORDS
BOARD FOR CORRECTION OF NAVAL R
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6449-08
21 May 2009
naval record pursuant to the Provisions of Title io, United
States Code, Section 1552.
application on 12 May 2009. The names and votes of the members
of the panel will be furnished upon request. Your allegations
of error and injustice were reviewed in accordance with
Material submitted in support thereof, your naval record, and
applicable Statutes, regulations, and policies,
Subsequently, you were processed for an administrative separation
discreditable nature with Military authorities, on Ll September
L981 you waived your right to consult with legal counsel and to
Present your case to an administrative discharge board (ADB). on
16 September 1981 your commanding officer recommended separation
under honorable conditions by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities in accordance with the guidelines of Project Upgrade.
On 7 October 1981 the discharge authority approved this
recommendation and directed discharge under honorable conditions
by reason of misconduct; and on 26 October 1981 you were issued a
general discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade the
characterization of your general discharge. It also considered
your assertion that you have never used nonprescription drugs nor
would you have admitted to using such drugs. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your general discharge because of your
substandard behavior and repetitive misconduct which resulted in
three NUPs, and included drug abuse. Finally, there is
documented evidence in the record that is contrary to your
assertion of not using nonprescription drugs. Accordingly, your
application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely, A
r
W. DEAN PFEYTRF
Executive Di
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